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Joseph Lawson, who stood trial with Houck, was sentenced to 25 years in prison after being convicted of conspiracy to commit murder and tampering with physical evidence.
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Houck agreed to let his sister, Rhonda McIlvoy, have full custody of Eli, who is now 12, according to court documents filed on Monday.
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Nelson Circuit Court Judge Charles Simms III followed the recommendation of a jury, which, in May, found Lawson guilty of conspiracy to commit murder and tampering with physical evidence.
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The filing comes about two months after attorneys for Lawson asked a judge to either grant him a new trial or throw out the May 30 guilty verdict, arguing he was denied a fair trial.
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Rhonda McIlvoy filed a motion in Nelson Circuit Court on July 18, ten days after Brooks Houck was found guilty in the 2015 murder of Rogers, asking to maintain custody of Eli, who is now 12.
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On Friday, Judge Charles Simms III, who presided over the 10-day trial in which Houck was convicted in the 2015 murder or Rogers, ordered Houck not to transfer any property until at least after an evidentiary hearing scheduled for Oct. 8.
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A final sentencing hearing will be held Aug. 21 in Nelson County.
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The defense argues that Joseph Lawson should have been given a directed verdict (or acquittal) by the judge after the prosecution finished its case.
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Prosecutor Shane Young asked jurors to sentence Houck to life in prison. Houck would still be eligible for parole in 20 years.
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Closing arguments are scheduled for Monday morning in the trial of Brooks Houck and Joseph Lawson.